Sul controllo dello Stato di diritto nell’Unione europea

Abstract

This article concerns the procedures of control of the respect of the rule of law, that is one of the values on which the Union is founded, in accordance with Article 2 TEU. Article 7 TEU provides for a procedure by which the European Council may determine the existence of a serious and persistent breach of these values by a Member State and, consequently, the Council may suspend certain rights of such State. Moreover, Article 7, para. 1, sets out a mechanism of early warning in the case of a clear risk of a serious breach. These procedures, that are entrusted exclusively to the political institutions of the Union, and need large majorities in the Council and unanimity in the European Council, have not worked in a satisfactory manner so far. Recently, however, the Court of Justice, on the basis of Article 19 TEU, which declares that Member States shall provide remedies sufficient to ensure effective legal protection in the fields covered by Union law, has affirmed its jurisdiction to evaluate the Polish judicial reform; thus, the Court has found that Poland had violated the principle of independence of judges, which is an expression of the rule of law.